Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-03-07

The President's Right 20 Sign IL.
THE PRECEDENT ski By Mr. LISooIN-fHE CAPTURED
AND ABANDONED PROPERTY ACT SIGNED EIGHT DAYS
AFTER CONGRESS ADJOURNED, AND THE VALIDITY or
TUE Law, UNDER WHICH TEN MILLION WAS PAID,
NEVER QuRsgloNxp.
Congressman and others interested have not
yet given up hope OF inducing the President 20
sign the river and harbor bin under the article OF
the constitution, which provides that 'If any bill
shau not be returned by the President within ten
days Sundays excepted after 1t shall have been
presented to him, the same shall be law, In a
Ike manner as II he had signed it. unless the con-
greSs by their adjournment prevent IT'S return, In
which case it shall not become law" The prece-
Dent on which they base their claim that
the PRESIDENT has power TO sign q bill
after the adjournment OF the Congress
which passed 1t is the abandoned and captured
property act which was signed by President Lin
CON, March 18th, 1853 Under this law the Court
Oh oIms decided LOIS cases and paid out loooo,
w: Inc last case under this law decided by the
Court OF Claims May ~ 1883, was that OF Fiem-
Ing Hodges W. the United States
JUDGE RICHARDSON'S REVIEW or THE CASE
In delivering the opinion OF the court Judge
Richardson took occasion TO state some historical
ana other important facts in relation TO the act
and business done under it, which show that 1t
was parallel case to that OF the present river
and harbor bill He stated that .rhe act is the
only one which has ever been signed by the Pres-
cent since the foundation OF the government,
AFTER the Congress which originated IL had adj
Journed or expired. Whether or not an act thus
signed oy the President would be held valid law,
under the provisions OF the constitution II contro
verted is not yet Judic1ally determined. This act
mas always been treated as valid by the legisla-
tive, executive and judicial branches OF the gov
eminent without objection.
The uniform practice has been from the first
organization OF the government to the present
N fl,aa "a
Journment OF Congress any bills which he omitted
to approve during the session, with the single en-
act. This act was passed during the very last
days OF the Thirty Congress by the senate
March and by the House March }, 1863 1t was
not approved when that Congress ceased TO exist
1864 N''S - - --''' ~''
The parchment roll in the State department
shows that President Lincoln, in afflxing his name
10 II eight days after Congress had adjourned
sine die, wrote with his own hand, Approved
to the correct date OF approval Ii was President
L1ncoins custom to WRITE himself, the date OF APP
proval In all cases and not leave that duty 10 q
clerk. The validity OF the statute as a Law has
never been drawn in question. The executive
off1cerS proceeded to act under its authority i'm
mediately after its approval and SO continued
without objection from any quarter as To their
right. The Supreme Court OF the United
States also took jurisdiction OF appeals In those
cases and acted upon them as brought under a
valid law. Congress, too, recognized its validity
by amending 1t and extending It's provisions In the
third section OF the act or July -, 1864. :.
Thus We lind that the legislative. executive and
judicial departments OF the government tacitly
and without question have acquiesced in the va
ndlty OF the statute thus approved. We recite
expressing any opinion as TO the effect OF the ap-
proval OF bill by the President after the Congress
which passed 1t has adjourned or expired"
THE PRESIDENT WILL PROBABLY NOT sign THE BILL
There is wide difference OF opinion as to the
Presidents authority to sign, after the 4th Of
1,fIl lNcay, t1.a
last days OF Congress. 1t is probable. however,
that the President, acting upon the advice OF the
Attorney General, will not sign any such bill
SPEAKER cARIIsLE's OPINION.
Speaker Carlisle agrees with the opinion OF the
Attorney General that the Presidents right to
sign bill ends with the ending OF congress- He
said to STAR reporter to-day: 81 can give you my
opinion. think he has not the right to sign.
Though there Is decision OF the Supreme Court,
In an Illinois case, TO the contrary, the practice
has been for hundred years, with one exception,
against his right TO sign. In the case OF the eNcep
tiOn-Jhe captured and abandoned property act
signed by Mr. LincOln-the House judiciary COM
mittee were unanimous in their decision that the
act was not valid and validating act was
passed"
DECISION OF THE Q. s. SUPREME COURT.
Ex-senator Eaton, OF Connecticut, who has
looked into the question, thinks as Mr.. Carlisle
does But every authority on this side there is
one apparently as good on the other side OF the
question. In the case OF "Ieven Hickory VS.. the
State OF Illinois, )" growing out OF the governor OF
that state signing bill after the adjournment,
the Supreme Court decided unanimously that the
act was valid. The constitution in this case VI as
identical as TO this point with the Constitution OF
the United States The supreme Court decided
that all OF the clause In the constitution after the
words s'f he approve he shall sign it" relates to
unassigned bills" and that all signed bills become
laws under Its provisions.
JUDGE DRAKE SAYS THE PRESIDENT HAS THE RIGHT
TO SIGN.
Chief Justice Drake, OF the Court OF Claims IRE
tired, has no doubt that the President has right
to sign bills after the 4th OF March. Under the
captured and abandoned property act probably
fifteen million dollars were paid out on claims
tence, "If any bill shall not be returned by the
President within ten days Sundays excepted
after 1t snail have been presented TO him the same
shall be law" (by the expiration OF timeI Sin
like manner as II he had signed it, unless Congress
by their adjournment prevent It's return, in which
case ca it shall not be law" by operation Of ime
its meaning Is the same as II the omitted 'sby
operation OF time" were expressed In words
Mr.. Willis has given up all hope OF the river and
harbOr bill being signed.
NO CHANCE OF THE PRESIDENT SIGNING THE BILL.
Col Lamont said to-day that there isn't the
slightest chance OF the Presidents signing the
river and harbor bill any other bill He declined
to say whether the President refused to sign IL be-
cause he thought he had not the power or
because he was opposed TO the BILL but when
THE STAR reporter referred TO the action OF
President Lincoln in approving the captured or
abandoned property bill as d precedent he re-
marked that perhaps the same emergency doesn't
exist in this case as In the one cited.
The Attorney General hasn't given an opinion
on the and the President hasn't asked for one
1t Is known, however, that both the President and
the Attorney General are OF the opinion that the
Executive is not empowered to sign bill after
the adjournment OF Congress.
The impression Is gaining ground that the Pres
fdent will not sign the bill even ii he should be en-
trely convinced that there Is no legal objection to
such action.
The Proposed Railroad Investigation.
THE SENATE sUB-coAMITTEE DECIDES TO BEGIN NOV.
10TH NEXT.
The subcommittee OF the Senate District COM
mttee appointed to investigate the entire question
OF street and steam railroads in the District OF
columbia held a meeting to-day and decided to
Air